2330, Executive Sessions

The Board of Education may conduct an executive session at any time upon majority vote of its total membership to discuss any of the following:

1. Matters which will imperil the public safety if disclosed;
2. Any matter which may disclose the identity of a law enforcement agent or informer;
3. Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
4. Discussions regarding proposed, pending or current litigation;
5. Collective negotiations pursuant to Article 14 of the Civil Service Law;
6. The medical, financial, credit or employment history of any person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any person or corporation;
7. The preparation, grading or administration of examinations; and
8. The proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value thereof.
   
   Matters which may only be considered in executive session are:
   
9. Discussions concerning probable cause to bring disciplinary charges against a tenured teacher; and
10. Discussions concerning the evaluation and/or placement of identified individual students with disabilities.

Formal action or vote on matters enumerated in paragraph “9” above may only be taken by the Board during an executive session. No formal action or vote may be taken on any other matter while in executive session. Formal action or votes relating to particular students will be held in public session and conducted in such a manner so as to ensure the privacy of such students to the fullest extent possible (e.g., the use of student identification numbers in place of names, etc.). The Board shall reconvene in open session to take final action on all other matters discussed and to adjourn the meeting.

It is the policy of the North Colonie Board of Education that executive sessions be conducted prior to the published starting time or at the conclusion of public meetings, except when unusual circumstances would dictate otherwise.

The name of the person who called for the executive session will appear in the minutes of the public meeting. The Board may permit staff and other persons whose presence is deemed necessary or appropriate to attend an executive session or any part thereof.

Cross-ref: 2360, Minutes 

Ref: Education Law §1708 (3)
Public Officers Law §§100 et seq.
Formal Opinion of Counsel No. 239, 16 EDR 457 (1976)

Note: Prior policy, Public and Executive Sessions, 9364

Policy Adopted: December 11, 1972
Amended: February 24, 1997
Amended: March 28, 2016